Rules of Evidence mcso 2023

Criminal Burden of Proof

"beyond a reasonable doubt" the law does not require proof that overcomes every doubt

what are the standards of witness evidence?

-relevance -competence- legally fit and qualified to give testimony (in a criminal case all individuals are able to be a witness except a judge presiding at the trial, a member of the jury, and in civil cases witness under the age of 10) -hearsay rule

Martial Communications Privilege

-what 1 spouse says to their spouse is privileged unless privilege is waived by mutual consent of husband and wife - one spouse cannot be called to testify against the other spouse while the are married

what are the types of evidence?

1. Direct 2. Circumstantial 3. Physical 4.Testimonial 5. Documentary 6. Demonstrative

what are the three ways to legally obtain or maintain evidence?

1. exclusionary rule (evidence illegally obtained cannot be used at trial) 2.fruit of the poisonous tree (evidence the flows from illegally obtained evidence may not be used at trial) 3. willits instruction (if state destroys or loses evidence in a criminal case, the defense is entitled to have a jury instruction that tells the jury that the evidence may be considered favorable to the defense) 4. if a witness is not able to testify there statment will not be admissible -except in very limited circumstance such as defendant was not able to cross examine with witness

what are the uses of evidentiary rules?

1. item of proof 2. impeachment of a witness 3. rehabilitate a witness 4. assist in determining sentence

what are the exceptions to hearsay?

1. present sense impressions 2. excited utterance 3.recorded recollections 4.public records and reports 5.records of vital statistics 6.judgements of previous convictions 7.learned treatises 8.other exceptions under rule 803 9.

what is the general criteria for admission of evidence in court?

1. relevance 2. Competency to be a witness 3. legally obtained/ maintained evidence 4. witness not being able to testify

what is recorded recollections

A record made of events at about the time the events occurred.

what is excited utterance

A statement relating to a startling event or condition made while the person was under the stress of excitement caused by the event or condition.

what is evidence?

Anything presented to a judge or jury that is offered to prove or disapprove the existence of a fact and alleged fact

Clergy-penitent privilege

Communication between clergyman/priest and a person making a confession is privileged unless waived by the client

Attorney-Client Privilege

Communication between lawyer and their clients is privileged unless waived by the client

Physician-Patient Privilege

Communication between patient and their physician is privileged unless waived by the client

psychologist client

Communications are confidential to the same extent as attorney-client communications

Crime Victim Advocate

Conversations between the crime victim advocate and the victim are privileged except for the compensation or restitution information

inculpatory evidence

Evidence that tends to prove the guilt of the suspect/defendant

what is Records of Vital Statistics

Records or data compilations of births, deaths, or marriages are admissible if the report was made to a public office pursuant to requirements of law.

what does it mean to impeach a witness?

To use their deposition against them as they testify at trial, used to challenge credibility. (prior inconsistent statements)

what is an example of Physical evidence?

a gun or bloody knife used in a homicide. Clothing woen by the defendant.

what is a declarant?

a person who makes a statement

what is a subpena

a process to cause witnesses to appear to give testimony

what is present sense impression

a statement describing or explaining an event or condition made while the person was perceiving the event or condition, or immediately after

what is an example of circumstantial evidence?

a witness saw the defendants car leave the scene of a shooting

example of proof

a witness testifies he/she saw the defendant shoot the victim

what is an example of demonstrative evidence?

aerial maps, crime scene diagrams, composite sketches, photographs, tapes, video recordings

what are the factors of competency to be a witness?

age, mental capacity, bias

what is an example of direct evidence?

an eyewitness identification

what is a statement?

an oral or written assertion

what does hearsay mean?

an out of court statement offered in evidence to prove the truth of the matter asserted

what does it mean to assist in determining sentence?

assist judge in determining sentence

exceptions to privilege

child abuse physicians or attendants treating certain wounds DUI investigations

example of rehabilitate a witness

defense alleges that a witness is lying about seeing a certain vehicle near a robbery scene in order to frame the defendant. an earlier statement was given by the witness describing the same vehicle prior to knowing it belonged to the defendant can be introduced

good evidence techniques

documentation of all evidence that may be used to prove the defendant's guilt or innocence

what is proof

establishment of a fact by evidence

what is circumstantial evidence?

evidence based on inference and not on personal knowledge or observation

what is direct evidence?

evidence based on persona; knowledge or observation

what is physical evidence?

evidence furnished by things themselves by view or inspection (as opposed to a description of them by a witness)

What is testimonial evidence?

evidence given in an oral form, usually under oath, in a judicial setting

What is relevance?

evidence having any tendency to make the existence of any material fact more or less probable then it would be without such evidence

example of determining sentence

evidence showing that the victim begged for his/her life, or that the crime was committed in a particular cruel manner

What is demonstrative evidence?

evidence that can be seen or inspected as in a chart or map

exculpatory evidence

evidence that tends to prove the innocence of the suspect/defendant

what is Learned Treatises

example: expert witness relies upon statements contained from a textbook on the subject

what is Judgement of Previous Conviction

example: previous DUI convictions

what is a witness?

generally a person who has knowledge of a matter whether it is -personal knowledge -lay witness opinion testimony -expert witness testimony

an example of not hearsay

if a statement is offered only to prove that the neighbor was with the witness at that moment (not to prove the defendant committed the robbery )

dying declarations exmaple

immediately afte being shot, victim states she belived she is dying and the defendant shot her

Statement Under the Belief of Impending Death (dying declarations)

in homicide prosecution, statement made by aperson believing his/her death was imminent concerning the cause or circumstances of what the person belived to be his/her impending death

what is public records and reports

includes records, reports, statements or data compilations, in any form, of public offices or agencies, but excludes police reports

what is an example of documentary evidence?

phone records or bank statements, certified copy of MVD record showing a drivers license suspension

Civil Burden of Proof

preponderance of the evidence based on evidence/witness testimony presented, there is a 50% likelihood that the defendant caused the damage or other wrong

what does it mean to rehabilitate a witness?

prior consistent statements

what does not hearsay mean

prior statements made by a witness are not considered____ if they are used to impeach or rehabilitate the witness while testifying

Reporter/Source Privilege

reporter does not have to disclose his/her source of info

what is an item of proof?

something which tends to prove a fact at issue

Statement Against Interest

statement which, at the time it is made, is so contrary to the interest of the person making the statement, that a reasonable person would not have made the statement unless believing it to be true.

Materiality Definition

strong relationship between evidence and case issue

law of evidence

system of rules and principles regulating the burden of proof, admissibility, relevancy, weight and sufficiency of evidence in legal proceedings.

probative value

tendency of the evidence to establish the proposition that it is offered to prove

burden of proof

the obligation of a party to establish a fact or issue in dispute by producing evidence that persuades the trier of fact as to its existence

example of burden of proof

the state has the burden of proof in criminal trials

what is an example of relevance?

the tempature in india is not relevant to the issue of a persons blood alcohol in an arizona DUI case the specific analysis of the persons blood alcohol would be the relevancy

example of probative value

the testimony of a drunken eyewitness to a crime might be material, but not very probative

what is an example of testimonial evidence?

victim takes the stand and recounts the details of the crime

example of impeach a witness?

witness testifies at trial that she has never met the defendant, but told police in an earlier interview that she dated the defendant

what is documentary evidence?

written materials admitted at trial